MAGISTRATE'S COURT

New Zealand Times, Volume XXXII, Issue 7026, 14 January 1910, Page 2

MAGISTRATE'S COURT

',:■ THURSDAY, JANUARY 13. (Before Dr A. McArthur, S.M.) MISCELLANEOUS CHARGES. Martin Hobin was charged with being an idle and disorderly person. Tho storv told by the nolioo was that defendant was an habitual loafer and that he had an unenviable criminal •record at. Gisbomo. Otaki and .Petone. •Hobin said he could not see any work in tho countrv and so he came to Welilhißtan. Dr "McArthur scutentiously remarked that "there were none so Mind as tho-so who wouldn't see," and gave the accused three months' hard labour, during which period he may perhaps recover his vision. Charles Hall, alias Leckie, and Thomas Robertson pleaded guilty to a charge of being rogues-.; and va-ga-.bonds, inasmuch as ..they were found on private premises 'in Old CirstomBiouse street at 1.45 o'clock a.m. without lawful excuse;'-'They ■'.wero each (sentenced to one month's imprisonment with hard labour.: ;,, ... Simon Patrick' McGreal, who,: was charged with having failed; to maintain "his illegitimate child, tJio mother .'of whom-.js Edith Royle, •of Sydney, Iwas ordered -to "be- sent: back to that city in custody of-the ,rK>lic-e ; 'officeT,''_w'hb oarne over, hero to,-take him to .New 'South ~svsites.- ? ::.-:';:;'}/,; ,yv :;.'- ' Jane Elliott, alias McDonald, was convicted on a chargo. of drunkenness jn TaranaK street and was ;fined 20s .'or seven days' . imprisonment. - William Donovan, -convicte'd of the same Offence, was .similarly dealt with. -One •first offender'',was convicted; and .discharged. :.:■.; ' \ :: CIVIL :■;,,> 0 ' RESERVED 'JUDGMENT DELIVi- = ■:,; ;. . EREB. "•" '■•■- -"'--4;4 ' In tho case -of Osborne .and'.wife (Mr Dix) v.'!Piniiock;(Mx Dalziel); which •was heard ' little: wliile "ago;,: his Worship Dr.,' McArthur's reserved judgment was- read, 'by Mr RiddeJl, '(S.M. He' saicT that' tho statement -of 'claim on.'ijie.':par>_ of ;'tho\ plaintiffs• jset '.: forth that tXey;/were,,ingagea,:to gp:as 'a inan-ie<i:';cbuple-'tp'rd'efen.dainirs farm 'at Munga.Toa "for'-twelve' months," tho annual rate of payment for service to :bo £7O. Plaintiffs commenced work on Juno 11th, 1900,.and, although,prepared to fulfil their - 'engagement ■ with tho defendant, were not allowed to continue, their contract being terminated by the latter oai August 25th, and •payment for services ~ withheld.. Judgment was asked for £7O (one •year's wages)/ or altcirna.tively for £2O ■■ls 4.d, the 'a'inovmt' duo for actual-ser-vice.- '-'.' ..-:.-■■ .-. ' ' _ '-. . In living iudgmenti for the plaintiffs 1 for £2O 4s 4d, Dr McArthur mentioned that'the basis' of tile engagement was: a' conversation. The. authorities were clear and decisive on the point,that a-contract for a year's, sar■vice to commence! ,on • ■ a. future, date ■must be in writing.. That .being so, tlio alternative claim only , could be considered. Though the. plaintiffs were (clearly engaged for one year and.not;, •as contended by.tho. defendant, at a weekly wage, they could not recover on that basis ;•- they * were' •: entitled, 'however, to naymerit for' sorvico rendered, with one month's wages ; in lieu 'of notice., ! Judgment"aco6rdingly.' '• ' (Before Mr W. . G.' Rididell, S.M.) 'Judgment for; plaintiffs by default was givem byvMr AV. G.- Riddell,-.5.M., in thefollowing cases:'— ■■ '; •■• C-'Mi Banks,Ltd., v. Vincent S: Raymond, '£l- 'ls Bd,' costs'Ss -.Mary Edith CLogan (executrix'' of William- Archibald (Logan) v: : James Puddle, £ll 8s, T costs £l-12s - 6d; H. : C. Gibbons 'and Oo.i y. Albert G. Maekay, £l4 18s'2d, costs |£2 7s 6d; Thompson, 8r05.,,. Ltd;,, y.' rWalte-r Sergent, '£27','ss l Sd,' costs ;£2 lGs; O. W. Wycherley'. and Sons v. Stephen Bray, £2 lis , 6d, costs.l2s; Richardsonßros- v. vMrs. E. L. Muncaster, £2 13s 6d. costs 10s; Kirkaaldie and-'Stains,- Ltd., v. , William Hick, £ll'sa 2d," costs'' £1 10s :6d; Inglis Bros; v. P. B. vVnlpy, £5 13s 9d; costs £1 3s Od;'Empire Loan and Discbunt Co. v. Michael Walter' Delaney,. £8 10s, costs 8s; same: v. Frederick ' Bishop,' £6 15s, costs 17s; F. Wallace Mackenzie v. Mrs Henrietta E. MoMurdo, £21,-: costsi £2- 14s; R. E. Rudman; v. James Tulloch,' £49 5s 6d,; ; co3ts-£3 l 7s ' 6d; Karoi-i-Borough Council v. Ehomas Patrick Lyons,; £4 2s 4d v costs' ss; J; E. Jefikinsori v. Hubert Mead, £7 4s, •costs £1 3s 6d: J. O'Brien W Co.. v. Leonard W- Elliott,..lßs-_9d, .costs Js; Rouse and Huirrell Carnage |Co;,'Ltd.',v. ; David Martin, .£B.2s 6d, costs £1 3s 6d; Thompson Bros., Ltd.; v Wong-Way-Kee, .£22 lis 9d, costs £2 '■ 14s- Robert Smith v. George, Cleaver,. £6,: 9s, costs £l. 3s pd.; same v.'Mrs Lilian'S.;, Snow, Karori.-Borough Council; y. Edwa.r4- J- I Faulkner, .£3 19s 2-d,,'oosts ss: .N.Z. Consolidated Dental C 0.,. Ltd , v., Charles Burdett, £5 lis 9d, costs £1 3s '6d.'-"-'.:'-'' : --.---- ""'■:■ - ■-"•-- :•■<■■■.; ;'■ : JUDGMENT SUMMONS. ; j > In ■■ the judgment summons, case Mowat v: Joseph McMahon,. defendant was.ordered to pay -a .debt of £l2 10s, on or before January 27tn, or; ; .:iri default, undergo - ten days. imprisonment. .-..,', ; -■"'.'' ESiSex Evans was ordered to pay. A., J. .Bldxhain a debt of £9 15s on or before January 27th, ;in default ten days' imprisonment. : MKTAKEN HJENTITY. '.. :In tho Masterton ease of Dra. Faulko and Giosen v. Nicholas Saba, a claim for' £9 13s 6d for medical attendance, it turned out that the summons had been served upon, .the .'son instead of upon his iatlior, wlio wasthe person treated. Tlio case was.-.. accordingly struck out-and, defendant.was allowed 19s Sd-oosts 1 and expenses. • ■ >